Db UK Bank Limited (T/a Db Mortgages) v Jacobs Solicitors

Db UK Bank Limited (T/a Db Mortgages) v Jacobs Solicitors

The Bank’s Part 36 Offer constituted a counter-offer at common law, thereby rejecting the Solicitors’ WPSAC Letter, which was no longer available for acceptance. No binding settlement was reached.

Parties
Claimant: DB UK Bank Limited (T/A DB Mortgages); Defendant: Jacobs Solicitors
Jurisdiction
England and Wales
Judgment Date
04 July 2016
Procedural Posture
Professional Negligence / Interlocutory Judgment on Settlement Dispute
Outcome
No settlement; claim to proceed to trial.
Legal Topics
Settlement, Offer and Acceptance, Costs, Professional Negligence
Contract Law Civil Procedure Settlement Offer and Acceptance Costs Professional Negligence

Case Brief

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Parties

DB UK Bank Limited (T/A DB Mortgages)

Claimant

Jacobs Solicitors

Defendant

Procedural Posture

Professional Negligence / Interlocutory Judgment on Settlement Dispute

Legal Issues

  1. 1 Whether the Solicitors’ WPSAC Letter was an offer capable of acceptance
  2. 2 Whether the Bank’s Part 36 Offer constituted a counter-offer rejecting the Solicitors’ WPSAC Letter
  3. 3 Whether the Bank’s purported acceptance was valid and constituted settlement

Ratio Decidendi

The Bank’s Part 36 Offer constituted a counter-offer at common law, thereby rejecting the Solicitors’ WPSAC Letter, which was no longer available for acceptance. No binding settlement was reached.

Court Disposition

No settlement; claim to proceed to trial.